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Recovering Money from Bad Renovator

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Posted by: from Calgary
5/2/2013 at 3:15:50 PM

The guy who "renovated" my home has been terminated. We are in the process of having all of the "work" he did torn down and redone. I was told that I could put a lien on his next job if it was within 45 days of him leaving my job. Is that accurate?

REPLIES (5)
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Date/Time5/2/2013 at 6:20:28 PM

Here in Ontario he can put a Lien on your property for money's owed. You can't put a lien on someone else's property with out a valid contract.

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Date/Time5/2/2013 at 6:34:41 PM

Your options are very limited in collecting money from the terminated contractor. Your information given to you is incorrect.

If YOU owe the contractor money HE can place a lien on your property within 45 days of finishing the job. You need to read the contract you signed with him. If he has completed the work (even badly!) you will have a tough time getting money out of him. I say tough I mean never as I haven't yet heard of any bad contractor paying up for shoddy work.

If you do decide to chase him start at small claims court, its the cheapest action to take. You may also need to check the contract to see if there is a dismissal clause in it, it may shed more light on the issue. Take lots and lots of pictures and make sure your new contractor is willing to step up when it comes to going to court.

Good luck.

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Date/Time5/2/2013 at 7:04:42 PM

Always best to check with a lawyer.

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Steve from OMC Contracting in Kitchener
Date/Time5/3/2013 at 9:03:39 AM

Hi Toni,

As most contractors indicated You can't place lien on somebody's property, can you imagine if that would be possible everything would be lined under the sun. I think you are mistaking lien with judgment, if you get judgment from court. You can enforce payment as long you know He is sole proprietor of assets.

Good luck.

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Date/Time5/3/2013 at 11:54:45 AM

A lawyer told me it is unlikely courts would satisfy you unless it involves a huge amount of money. People are best off settling their differences on their own. You could have made a mistake in hiring him in the first place, did you do your due diligence? It may be best just to move on.

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